I would like to know if there is a custody dispute and a spouse

Resolved Question:

I would like to know if there is a custody dispute and a spouse has a history of psychiatric problems (with hospitalizations two years ago) what of their hospital and treating therapists history am I entitled to. Also so how much of the records can I get-- case notes, treatment plans etc. Is any of this privileged? And are there any statutes that govern this? Thank you

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but all medical notes are confidential in nature. You are not directly 'entitled' to any of that information because that information does not belong to you or is not related to your health. What you can do is file a request to subpoena the records by claiming that the records are material to your case and as evidence of the person's potential unfitness or danger to the child. But it is not an automatic process, you would need to show why such information is relevant and important to your case. Otherwise all of this is privileged and is governed under HIPAA regulations.

My ex had a depression and was hospitalized about two years ago. She was diagnosed as Bipolar. There has been nothing since. What would allow a judge to order these records be produced and who has the final say HIPPA or the judge? What, if anything, would overturn the HIPPA laws and if I could get the judge to concede what information would be allowed ie. treatment reports, diagnosis, therapy sessions?

It is not up to judge to make a list of what information you deem relevant, it is up to you to provide him with a list of what you believe to be relevant to your case and why, and then the judge would evaluate, based on objections from the other party, as to what he would consider to be probative and not prejudicial. For example if the ex is again acting in a manner that could be potentially dangerous to the children, then requesting past medical records as to her past symptoms and diagnosis would be useful. HIPAA regulations do permit exemptions for judicial orders, meaning where a judge allows for requests to come through. But simply asking for those documentations without some sort of logic or reason is not enough for those documents to be granted.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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